Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
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ITAT held that the assessment framed u/s 153A was invalid as the alleged incriminating material, in the form of a statement recorded u/s 132(4), was obtained during search on a third party and not from the possession of the assessee. Such material, if construed as belonging or pertaining to a person other than the searched party, could only be used by invoking s.153C after proper satisfaction and transmission to the AO having jurisdiction over that other person. The mandatory procedure under s.153C was not followed, and the assessee was not afforded an opportunity to cross-examine the third-party witness. Consequently, the additions made under s.153A were held unsustainable and the assessee's appeal was allowed in full.
ITAT held that the assessment framed u/s 153A was invalid as the alleged incriminating material, in the form of a statement recorded u/s 132(4), was obtained during search on a third party and not from the possession of the assessee. Such material, if construed as belonging or pertaining to a person other than the searched party, could only be used by invoking s.153C after proper satisfaction and transmission to the AO having jurisdiction over that other person. The mandatory procedure under s.153C was not followed, and the assessee was not afforded an opportunity to cross-examine the third-party witness. Consequently, the additions made under s.153A were held unsustainable and the assessee's appeal was allowed in full.
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